Slotwinski v Nutek Constructions Pty Ltd; Nutek Constructions Pty Ltd v Slotwinski [2019] NSWCATAP 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Slotwinski v Nutek Constructions Pty Ltd; Nutek Constructions Pty Ltd v Slotwinski [2019] NSWCATAP 158 Hearing dates: 17 July 2018 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Appeal Panel Before: F Corsaro SC, Principal Member AR Boxall, Senior Member Decision: (1) Grants leave to Nutek to amend its Notice of Appeal in the form submitted on 16 July 2018;

(2) Grants leave to Nutek to appeal the Quantum Meruit Order and First Application Dismissal Order of the Tribunal on 2 May 2018 in proceedings HB 16/25001, to the extent that leave is required, and allows the appeal in respect of both of those orders;

(3) Grants leave to Mrs Slotwinski to appeal against the Elite Payment Order of the Tribunal made on 2 May 2018 in proceedings HB 16/25001, to the extent that leave is required, and allows the appeal in respect of that order;

(4) Sets aside: (a) the Quantum Meruit Order; (b) the First Application Dismissal Order; and (c) the Elite Payment Order of the Tribunal made on 2 May 2018;

(5) Remits the proceedings to the Consumer and Commercial Division of the Tribunal for further determination of Nutek's claim in quantum meruit, and Mrs Slotwinski's defence by way of set-off on such further evidence as the Tribunal may consider appropriate;

(6) Orders that any application in respect of the costs of the appeal to be made by written submissions filed and served within 14 days of the date of publication of this decision. Such submissions should address the question whether the application for costs can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act;